Kor. ( 
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LAWS OF ALABAMA 


RELATING TO 


CHILD WELFARE 


ENACTED AT THE 1923 SESSION 
OF THE LEGISLATURE 


CHILD WELFARE DEPARTMENT 
JUVENILE COURT 
COUNTY BOARDS OF CHILD WELFARE 
CHILD PLACING 
MATERNITY HOSPITALS 
THE ALABAMA HOME FOR MENTAL INFERIORS 


THE LIBRARY OF THE 
or JUL 28 1933 
UNIVERSITY OF ILLINOIS 


BROWN PRINTING COMPANY 
State Printers and Binders 
Montgomery, Ala. 


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CHILD WELFARE DEPARTMENT 
ALABAMA GENERAL LAWS 


REGULAR SESSION, 1923. 


No. 275.) (H. 312. Mrs. Wilkins. 
AN ACT 


To amend the caption, and sections one, two, three, four, five, six, seven 
and eight of “An Act to establish a child welfare department for the 
State of Alabama, to prescribe its duties, functions, and powers, and 
to provide for the appointment of an executive and other officers of 
such department, to define their duties, to provide for their compensa- 
tion and to provide for the maintenance and other expenses of such 
department, and to confer on said department all the duties, powers, 
and authority heretofore conferred on the State Prison Inspector in so 
far as his duties, powers, and authority relate to children under 16 
years of age,” approved September 25, 1919; and section (9) of said 
Act as amended by an Act approved September 27, 1920. 


Be it enacted by the Legislature of Alabama: 

Section 1. That the caption, and sections one, two, three, 
four, five, six, seven, and eight of “An Act to establish a child 
welfare department for the State of Alabama, to prescribe its 
duties, functions, and powers, to provide for the appointment 
of an executive and other officers of such department, to define 
their duties, to provide for their compensation, and to provide 
for the maintenance and other expenses of such department, 
and confer on said department all the duties, powers, and 
authority heretofore conferred on the State Prison Inspector 
insofar as his duties, powers, and authority relate to children 
under 16 years of age,’ approved September 25, 1919; and 
section nine (9) of said Act as amended by an Act approved 
September 27, 1920, be and the same are hereby amended so as 
to read as follows: “To establish a Child Welfare Department 
for the State of Alabama, to prescribe its duties, functions, and 
powers, to provide for a commission to control said department 
and to outline the duties and functions of said commission, to 
provide for the appointment of an executive and other employees 
of the Child Welfare Department, to define their powers and 
duties, to provide for their compensation, to provide quarters, 
and to provide for the maintenance and other expenses of the 
department, to prohibit. employment of paid probation officers 
not certificated, to require reports to the department from pro- 
bate judges and, judges of other courts exercising jurisdiction 
over dependent, neglected, and delinquent children and from 
executives of child-caring agencies and institutions, and to con- 
stitute the failure to make such reports a misdemeanor.” 


THE LIBRARY OF THE 
JUL 28 1933 


UNIVERSITY OF 1k! INOIS 


4 


Section 2. That section one (1) of said Act be and the same 
is hereby amended so that section one (1) as amended shall read 
as follows: That, in order that the State may more effectively 
exercise the duty and obligation which it owes to minor chil- 
dren, who, for any cause, are in need of its care and protection, 
there is hereby created and established for the State of Alabama 
a Child Welfare Department, which shall be located and have 
its offices in the State Capitol, and which shall have and exer- 
cise the several powers, functions, and duties inherent in the 
State for promoting the welfare of such children. 

Section 3. That section two (2) of said Act be and the same 
is hereby amended so that section two (2) as amended shall 
read as follows: That the said department shall have the power 
and it shall be its duty: (1) To seek out, through investigation, 
complaints from citizens, or otherwise, the minor children in 
the State who are in need of its care and protection and shall, 
as far as may be possible, through existing agencies, public or 
private, or through such other resources, aid such children to a 
fair opportunity in life. (2) To make surveys and in other 
ways to ascertain the facts and conditions which cause or con- 
tribute to the need for such state care and protection of such 
children and the extent of such need. (3) To study the facts 
and conditions so ascertained and from time to time report same 
to the Governor, the State Child Welfare Commission, and the 
Legislature, together with its conclusions and recommendations. 
(4) To present the facts so ascertained to the people of the 
State through conferences, conventions, and addresses and 
through these and other means to lead in the formulation and 
development of a state-wide program for the more effective 
care of such children and for the elimination and suppression 
of the causes which bring about the necessity for such care. 
(5) To advise with the judges and probation officers of the 
juvenile courts of the several counties of the State, and to aid 
in perfecting the organization and work of such courts. (6) 
To exercise the right of visitation and inspection, of all state, 
county, municipal, and other agencies and institutions, public 
or private (including maternity hospitals), receiving, placing, 
or caring for dependent, neglected, or delinquent minor children 
for the purpose of ascertaining from time to time the capacity 
and adequacy of the facilities offered by these agencies and 
institutions for the care of such children, the manner, character 
or way in which such children are cared for in such institutions 
or agencies; the children who are in such institutions, the facts 
showing their social status; the source of income and cost of 
maintenance; and the way in which such children are received 
into and dismissed from such institutions or agencies. Pro- 
vided nothing in this bill shall be construed to confer on said 


5 


child welfare department any duties or authority or powers in 
reference to the Alabama Insane Hospitals or Alabama Home 
for Mental Inferiors, the State Training School for Girls and the 
Alabama Boys Industrial School. (7) To license annually all 
institutions and agencies (including maternity hospitals) except 
those under state ownership and control, caring for, receiving, 
or placing minor children and to revoke such license for cause. 
(8) To establish and maintain homes or other agencies for the 
care of dependent, neglected, or delinquent minor children or to 
contract with any approved agency or institution for the care 
of such children, and, also, to receive and care for dependent, 
neglected and delinquent minor children committed to its care, 
to make a careful physical examination (and, if possible, a 
mental examination) of every such child, to investigate in 
detail the personal and family history of the child and its envi- 
ronment, and to place such children in family homes or in ap- 
proved suitable institutions operating in accordance with the 
provisions of this Act and to supervise such children however 
placed. (9) To require reports from courts and institutions, 
public and private, to the extent and in the form and manner 
hereinafter provided. (10) To enforce the state child labor 
law. (11) To solicit, receive, and hold gifts, devises and be- 
quests of money, real estate, and other things of value to be 
used in the support, development, and carrying on of its work. 
(12) To prepare biennially and submit to the Governor of the 
State and the State Child Welfare Commission a full and com- 
plete report of all the activities of the department, together with 
a financial statement of all expenditures. 

Section 4. That section three (38) of said act be and the 
same is hereby amended so that section three (3) as amended 
shall read as follows: That (1) The Child Welfare Depart- 
ment shall be under the control of a commission consisting of 
the Governor, the State Superintendent of Education, the State 
Health Officer, ex-officio, and six persons to be appointed by 
the Governor whose terms of office beginning from the date of 
their appointment shall be respectively, two for two years, two 
for four years, and two for six years, the said terms of office to 
be designated to each appointee by the Governor in making the 
appointment. All succeeding appointees shall be appointed by 
the Governor and shall hold office for a term of six years and 
until their successors are appointed and qualified. (2) The 
said commission shall, within sixty days after the approval of 
this Act, and at the call of the Governor, meet at the State 
Capitol and proceed to organize the said department. It shall 
hold at the State Capitol at least one regular meeting during 
each year, and as many special meetings as may be necessary. 
At such meetings five members shall constitute a quorum. The 


6 


Governor shall be the presiding officer, but in case of his ab- 
sence, the commission shall have authority to elect a temporary 
presiding officer. If there be no director of the Child Welfare 
Department as hereinafter provided for the Commission may 
elect a secretary, pro tempore. (3) The director of the Child 
Welfare Department hereinafter provided for shall be the sec- 
retary of the Commission. (4) The members of the Commis- 
sion shall receive no compensation for their services other than 
the amount of their traveling and other expenses, actually paid 
out while in attendance on the meetings of the Commission, or 
on the business of the department. (5) The Commission is em- 
powered to adopt rules for its government, and for the govern- 
ment of the department; to elect a director of the Child Welfare 
Department and to provide for the selection or appointment of 
other employees as may be necessary and to fix their compen- 
sation; to have general control of the performance of every 
duty and the execution of the several: powers herein conferred 
upon the department; to control and direct the expenditure of 
all appropriations which may be made for the maintenance and 
activities of the department; and to do and perform such other 
acts and things as may be necessary to carry out the true intent 
and purposes of this Act. In order to carry out the purposes 
of this section the commission, in anticipation of the needs of the 
minor children which may come under the care of the depart- 
ment, is hereby empowered to authorize the director to make 
requisition for a fund for the maintenance, transportation and 
other care of the wards of the department. Upon the approval 
of the Governor, the State Auditor shall draw his warrant upon 
the State Treasury for the amount of the requisition so ap- 
proved. 

Section 5. That section four (4) of said Act be and the 
same is hereby amended so that section four (4) as amended 
shall read as follows: That (1) The department shall be under 
the immediate management and control of a director to be 
elected by the Commission to hold office at its pleasure. (2) 
The director shall take oath of office as other public officials, 
shall be commissioned in like manner, and shall devote his entire 
time to the work of the department. 

Section 6. That section five (5) of said Act be and the same 
is hereby amended so that section five (5) as amended shall read 
as follows: That it is hereby made the duty of the judges of 
the juvenile courts of the several counties of the State to make 
on or before the tenth day of each month a report to the Child 
Welfare Department upon the work of the juvenile courts pre- 
sided over by them; and it is hereby made the duty of the judges 
of the probate courts to make at the same time reports on all 
adoptions and on all cases of non-support and desertion handled 


7 


by such courts during the preceding month. All reports re- 
quired by this section shall be made. upon forms furnished by 
the State Child Welfare Department and any such official who 
fails or refuses to make such reports as provided for in this 
section shall be guilty of a misdemeanor. 

Section 7. That section six (6) of said Act be and the same 
is hereby amended so that section six (6) as amended shall read 
as follows: That it is hereby made the duty of all state, county, 
municipal, and other agencies and institutions, public or private 
(including maternity hospitals) receiving, placing, or caring 
for dependent, neglected or delinquent minor children. (1) 
To accord the department or its agents the right of entrance, 
privilege of inspection and access to its accounts and records 
of work for the purpose of ascertaining the kind and quality of 
work done and of obtaining a proper basis for its recommenda- 
tions. The department and its agents shall advise agency and 
institution officers and workers in regard to approved methods 
of child care, best types of housing and institutional equipment, 
and adequate records of agency and institutional work. The 
principal purpose of such visitation shall not be to present offi- 
cial demands for adherences to the provisions of the law, but to 
offer friendly counsel on child welfare problems and to advise 
concerning progressive methods and the improvement of the 
service rendered. (2) To make such reports to the department 
in such manner and at such time as may be required by its 
rules, which reports shall furnish information as to the capacity 
and adequacy of the facilities possessed by said agencies and 
institutions to care for children; the manner, character or way 
in which such children are cared for by such agencies and insti- 
tutions; the names, former addresses and such information as 
will show the social status of such children, the way in which 
and from whom such children are received; how and to whom 
dismissed; the extent and source of its income; the cost of 
maintenance; and such other facts as may be reasonably helpful 
to the state in promoting the welfare of such children in the 
state and in working out a general program for their care and 
protection. All reports required by this section shall be made 
upon forms furnished by the State Child Welfare Department 
and any superintendent, manager or person in charge of any 
agency or institution covered by this section who refuses or. 
fails to make such reports or to furnish information herein pro- 
vided for shall be guilty of a misdemeanor. It is hereby made 
the duty of circuit and county solicitors and their assistants to 
institute proceedings for the purpose of enforcing the provisions 
of this Act. 

Section 8. That section seven (7) of said Act be.and the 
same is hereby amended so that section seven (7) as amended 


8 


shall read as follows: That in order to render more effective 
the provisions of this Act and, better to develop its objects in 
conserving the interests of the minor children of the State and 
in protecting the public against imposition and fraud, (1) The 
State Child Welfare Commission is empowered to prescribe rea- 
sonable minimum standards for the conduct of such agencies 
and institutions, public or private, (including maternity hos- 
pitals) receiving or caring for dependent, neglected or delin- 
quent minor children and the State Child Welfare Department 
is hereby empowered to license such of these as conform to the 
standards prescribed by the Commission. All societies, agencies 
and institutions, public or private (including maternity hospi- 
tals), except those under State ownership and control receiving 
or caring for dependent, neglected or delinquent minor children 
shall be required to obtain annually a license from the State 
Child Welfare Department, provided that no agency or insti- 
tution shall be licensed until the department is reasonably and 
satisfactorily assured of the following points: (a) The present 
need for the proposed agency or institution (b) The good char- 
acter and intentions of the applicants. (c) That the organi- 
zations shall be adequately financed to be effective. (d) That 
capable trained or experienced workers will be employed. (e) 
That the methods to be used and disposition to be made of the 
children served will be wise, altruistic, judicious, and in accord 
with the welfare of society. (f) That there is a probability 
of permanence in the proposed child welfare organization or 
institution. (2) Any superintendent, manager or agent of 
any agency or institution which does not hold a license issued 
by the State Child Welfare Department or whose license has 
been revoked, who solicits funds for the purposes of child care 
in such institutions shall be guilty of a misdemeanor provided 
that nothing contained in this sub-section shall apply to the 
solicitation of funds for a projected institution when such solici- 
tation is confined to the membership cf the organization which 
shall own or control the proposed institution. Any such agency 
or institution or any person or persons in charge of any such 
agency or institution which shall attempt to carry on any of 
the functions hereinabove set out without first having obtained 
a license shall be guilty of a misdemeanor. Power is conferred 
upon the department to cancel the license hereinabove provided 
for upon the failure of any such organization to comply with 
the standards herein prescribed or which may hereafter be pre- 
scribed by the State Child Welfare Commission. 
| Section 9. That section eight (8) of said Act be and the 
same is hereby amended so that section eight (8) as amended 
shall read as follows: That in order to unify and standardize 
probation work in the juvenile courts of this State, the State 


9 


Child Welfare Commission is hereby empowered to prescribe 
reasonable standards of education, training and experience 
which must be attained by any applicant for the position of pro- 
bation officer in any of the several juvenile courts of the State. 
That said examination shall be furnished by the State Child 
Welfare Commission to the officer or officers employing proba- 
tion officers in any county of. the State and the said officer or 
officers shall require any and all applicants for said position to 
first stand said examination so prescribed before some officer 
designated by the employing agency of each county before any 
probation officer shall be employed. 

Section 10. ‘That Section 9 as amended by an Act approved 
September 29, 1920, be and the same is hereby amended so that 
Section 9 as hereby amended shall read as follows: That for 
the maintenance of the department including the payment of 
salaries and all expenses the sum of Fifty Thousand ($50,000) 
Dollars is hereby appropriated annually.”’ 

Approved Sept. 17, 1928. 


JUVENILE COURT 
ALABAMA GENERAL LAWS 


REGULAR SESSION, 1928. 


No. 295.) (S. 429. Brooks. 
AN ACT 


To amend an Act entitled “An Act to amend Sections 6450, 6451, 6452, 
6453, 6454, 6455, 6456, 6457, 6458, 6460, 6461, 6462, 6463, 6464, 6465 
of the Code of Alabama, 1907,” approved September 16, 1915. 


Be it enacted by the Legislature of Alabama: 

Section 1. That An Act entitled “An Act to amend Sections, 
6450, 6451, 6452, 6453, 6454, 6455, 6456, 6457, 6458, 6460. 6461. 
6462, 6463, 6464, 6465, of the Code of Alabama, 1907,” approved 
September 16, 1915, be and the same are hereby amended So as 
to read as follows: 

Section 2. DEFINITIONS. (1) That for the purposes of 
this Act the words “‘dependent child’”’ shall mean any child, who, 
while under sixteen years of age, for any reason, is destitute, 
homeless, or is dependent on the public for support; or whose 
parent or parents, for good cause, desire to be relieved of its 
care and custody; or who is without a parent or guardian able 
to provide for his support, training and education; or whose 
custody is the subject of controversy. (2) That for the pur- 
poses of this Act the words “neglected child” shall mean any 
child, who, while under sixteen years of age is abandoned by 
both parents, or if one parent is dead, by the survivor, or by his 
guardian, or custodian; or who has no proper parental care or 
guardianship; or whose home, by reason of neglect, cruelty, or 
depravity, on the part of his parent or parents, guardian or 
other person in whose care he may be, is an unfit or improper 
place for such child; or who is found begging, receiving or 
gathering alms, or who is found in any street, road or public 
place for the purpose of so doing, whether actually begging or 
doing so under the pretext of selling or offering for sale any 
article or articles, or of singing or playing on any musical instru- 
ment, or of giving any public entertainment or accompanying 
or being used in aid of any person so doing; or for whom his 
parent, parents, guardian or custodian, neglect or refuse, when 
able to do so, or when such service is offered without charge, to 
provide, or allow, medical, surgical, or other remedial care nec- 
essary for his health, or well- being; or whose parent, parents, 
guardian or custodian permits such child to engage in an occu- 
pation or calling contrary to the provisions of the child labor law 
of this State; or whose parent, parents, guardian or custodian 


11 


fail, refuse or neglect to send such child to school in accordance 
with the terms of the compulsory attendance law of this State; 
or who is in such condition or surroundings, or is under such 
improper or insufficient guardianship or control as to endanger 
the morals, health or general welfare of such child; or who is 
not being reared or cared for in accordance with the provisions 
of any law, regulation or ordinance, for the education, care and 
protection of children; or who for any other cause is in need of 
the care and protection of the State. (38) That for the purposes 
of this Act the words ‘delinquent child’’ shall mean any child 
who while under sixteen years of age violates any penal law of | 
the United States or of this State, or any regulation, ordinance 
or law of any city, town or municipality, or who commits any 
offense or act for which he could be prosecuted in a method par- 
taking of the nature of a criminal action or proceeding; or who 
is beyond the control of his parent, parents, guardian, or custo- 
dian, or who is otherwise incorrigible, or who is guilty of im- 
moral conduct; or who is leading or for any cause is in danger 
of leading an idle, dissolute, lewd or immoral life; or who en- 
gages in any calling, occupation or exhibition punishable by law 
or is found in any place for permitting which an adult may be 
punished hy law; or who so deports himself as to endanger his 
health, morals, or general welfare; or any child who has been 
brought before any other court charged with a crime and which 
court has by proper order transferred said child to the juvenile 
court to be dealt with under the terms of this act. All such 
children, hereinabove described dependent, neglected or delin- 
quent, shall be deemed wards of the State and entitled to its care 
and protection. The State shall exercise its right of guardian- 
ship and control over such children in the manner and form 
hereinafter provided. This Act shall be liberally construed in 
order to accomplish the beneficial purposes herein declared. 
(4) The word “Court” and the words “Juvenile Court”? when 
used in this Act shall, unless otherwise qualified, mean the Pro- 
bate Court of the County, sitting as the Juvenile Court, for the 
hearing of cases or the disposition of any matter arising under 
the provisions of this act. The word “Judge” or the words 
“Judge of the Juvenile Court’ shall when used in this Act, un- 
less otherwise qualified, mean the Judge of the Probate Court of 
the County, sitting as the Juvenile Court for the hearing of cases 
or the disposition of any matter, arising under the provisions 
of this act. (5) The words “him” and “his” when used in this 
Act with reference to children coming under the provisions of 
this act shall apply to boys and girls alike. 

Section 3. COURTS HAVING JURISDICTION OF CHIL- 
DREN, WARDS OF THE STATE. The probate courts of the 
several counties of the State, except in those counties in which 


12 


special courts having exclusive jurisdiction over children under 
16 years of age or over and for the purposes declared in this 
Act have been or shall hereafter be established by special acts of 
the Legislature, shall have original and exclusive jurisdiction of 
all proceedings coming within the provisions and terms of this 
Act and shall have original and exclusive jurisdiction to hear, 
determine and adjudicate all questions and cases coming within 
said provisions and terms and each such court shall in the exer- 
cise of the jurisdiction herein conferred by this Act, be known 
as the Juvenile; Gourboores........ meee 2 eee County. The 


(Name of County) 
Juvenile Court shall have power, under the terms of this Act, to 
determine the question of the dependency, neglect or delinquency 
of any child, and when such question is so determined and 
adjudicated, to declare such child to be, for the purposes of this 
Act, a ward of the State and to make and enter such judgment 
and orders for his custody, discipline, supervision, care, protec- 
tion and guardianship, as, in the judgment of the court, will 
properly conserve and protect the welfare and best interests of 
such child. If it appears to the court from the evidence that 
any person, or persons, is, or are, in any way, contributing to 
the delinquency of any such child, or exerting an evil or harmful 
influence over any such child, the court may by an injunctive 
order directed against such person or persons protect such child 
against such influence in the way that shall seem most condu- 
cive to such end, and may prohibit all future relations between 
the parties; provided that nothing in this paragraph shall be so 
construed as to interfere with the prosecution of offenders as 
elsewhere provided for in this Act. Juvenile Courts shall have 
full power and authority to issue all other writs and processes 
necessary to the exercise of such jurisdiction and to the carrying 
out of the purposes of this Act. The judge of the court shall 
have power to issue writs of arrest and of habeas corpus to 
have brought before it children alleged to be dependent, 
neglected, or delinquent, as herein defined, to be dealt with by 
said court under the terms of this Act. The court, as to such 
dependent, neglected, and delinquent children, shall have and 
exercise the jurisdiction and power possessed by chancery courts 
in this state, but shall not have power to adjudicate any matter 
or make any order affecting any property rights of such chil- 
dren. Nothing contained herein shall deprive courts of general 
jurisdiction of the right to determine the custody of children 
upon writs of habeas corpus, or the right to determine the 
custody of children when custody is incidental to the determina- 
tion of causes pending in such courts. Such courts of general 
jurisdiction may, however, decline to pass upon such questions 
of custody or to issue such writs and may certify said questions 


13 


or writs to the juvenile court for hearing and determination. 
The courts shall have the power to determine the form and char- 
acter of its records and to devise and publish rules, not incon- 
sistent with the provisions of this act nor the laws of this State, 
to regulate proceedings in all cases coming within the provisions 
of this act, and for the conduct of probation and other officers 
of the court. Such rules shall be enforced and construed lib- 
erally for the remedial purposes embraced herein. The court 
may adopt and cause to be printed for the use of the public and 
for the use of the court such forms as may be found necessary 
and convenient for use in cases arising under this act; provided, 
that such forms shall be approved by the State Child Welfare 
Department. All expenses necessary or appropriate to the 
carrying out of the purposes and intent of this act and all 
expenses of maintenance and care of wards of the court that 
may be incurred by order of the court in carrying out the pro- 
visions and intent of this Act, shall be valid charges and pre- 
ferred claims against the county and shall be paid by the county 
treasurer when itemized and sworn to by the creditor or other 
persons knowing the facts in the case, and approved by the 
judge. 

Section 4. ISSUANCE AND SERVICE OF SUMMONS 
ON CHILD AND PARENT. The style or title of the proceed- 
ings herein provided for shall be State of Alabama, in the mat- 
Devo tL aiegts, 6) eee TO 2 (Inserting name of child), a child under 
Sixtecnavears, ol age winter) uvenile’ Court! of i 
County (Inserting name of county). Any person having knowl- 
edge or information that a child, residing in or who is actually 
within a county of this State, is within the provisions of this 
Act, or subject to the jurisdiction of the juvenile court, may, 
and any probation officer of such court having such knowledge 
or information shall, file with the court of said county a verified 
petition, setting forth the name, residence and age of the child, 
the name and residence of the parent or parents, if known to 
the petitioner, and the name and residence of the person or per- 
sons having guardianship, custody, control or supervision of 
such child, if such facts be known, or can be ascertained by the 
petitioner, or that such facts are unknown or cannot be ascer- 
tained, if that be the fact. The petition shall state the facts 
which bring the child within the provisions and terms of this 
Act, and it shall be sufficient for that purpose to aver that the 
child named therein is dependent, neglected, or delinquent, as 
the case may be, and in need of the care and protection of this 
State (here stating succinctly the facts which bring said child 
within the terms and provisions as herein defined). The peti- 
tion shall be sworn to by the petitioner, but affidavit may be 
made upon information and belief of the affiant. Upon the fil- 


14 


ing of the petition with the juvenile court, or upon receipt of an 
order of transfer from any other court, as hereinafter provided, 
the judge or clerk or chief probation officer of the court shall 
forthwith, or after causing an examination to be made by an 
officer or other person, cause 2 summons to be issued, signed by 
the judge or clerk of said court, requiring the child to appear 
before the court, and requiring the parents, guardian, or the 
person having the custody, control or supervision of the child, 
or the person with whom the child may be found, to appear with 
the child, at such time and place as may be stated in the sum- 
mons, to show cause why the child should not be dealt with ac- 
cording to the provisions of this Act. Provided, however, that, 
if after investigation is made, the chief probation officer is of 
the opinion that such cause is not a meritorious one, he may de- 
cline to ask the judge or clerk for a summons, and the court may 
upon his motion dismiss such petition, or order a summons 
issued as to the court may seem just. Said summons shall set 
forth the charges contained in said petition, or order of transfer. 
If it appears from the petition that the child is violating any 
penal law of the United States or of this State, or any law or 
ordinance of any municipality for which said child could be 
prosecuted, or that the child is in such condition that its welfare 
requires that custody be immediately assumed, the judge of the 
court may indorse upon the summons a direction that the officer 
serving said summons shall at once take said child into his cus- 
tody. When any child is taken into custody under such sum- 
mons, or is in the custody of the court under any order of trans- 
fer from any other court, such child may, if in the judgment of 
the judge of said court it is not inconsistent with the child’s 
welfare, be admitted to bail, or be released on his own recogni- 
zance, or be released into the custody of a probation officer, or 
of the parent or parents or of any other person or approved 
agency designated by the judge of said court. If in the discre- 
tion of the judge of said court, it is deemed inexpedient to admit 
such child to bail or to release it in the manner above set out, 
and if in the judgment of the court it is absolutely necessary, 
such child may be detained in such manner as the judge may 
order pending the hearing of the case. Service of such sum- 
mons upon the child mentioned therein shall be made by delivery 
to and leaving with the father or mother of such child, or with 
the parent with which such child is living, or with the person 
in whose custody the child may be, a true copy thereof and when 
the summons so directs, by taking said child into custody by 
the officers serving same. When the summons is directed to 
the child and to such child’s father or mother, or both, service of 
one copy on either parent if they be living together shall be suf- 
ficient service on all of them; or on the child and the parent 


15 


with which such child is living. When such child has no parent 
or custodian upon whom such summons can be served, the court 
shall appoint a guardian ad litem for said child upon whom such 
summons must be served, unless such service be waived in writ- 
ing by said guardian ad litem. Service of such summons on 
the person, or persons, mentioned therein, other than the child, 
if residents of this State, and their place of residence is known, 
shall be made by delivery to and leaving with such other person, 
or persons, a true copy thereof. In the event that such other 
person or persons are non-residents of the state, and their place 
of residence is known, it shall be sufficient service to deposit in 
a United States Post Office in such county a true copy of such 
summons, in a post paid, sealed envelope addressed to such per- 
son or persons, at such address or addresses; but such service 
shall not be held to have been perfected, nor shall such case be 
called for trial until a reasonable time has elapsed from the time 
of the posting of such summons, unless with the consent of such 
other person or persons, which consent may be shown by letter, 
telegraph, telephone, or in any other way satisfactory to the 
court. In the event that the names of the parent or parents, 
guardian, or those legally entitled to the custody of such child 
cannot be ascertained; or if their names being known their place 
or places of residence cannot be ascertained; or if for any other 
cause they cannot be found, or if for any other reason it shall ap- 
pear that service of such summons cannot be had on such per- 
sons, as provided above—this being a proceeding on the part of 
the State to protect and care for such children—no service of a 
summons shall be necessary in such cases to give the court juris- 
diction thereof. In the event that no service of summons is had 
for the reason set out above, it shall be the duty of the Judge of 
such court, hearing such cases to satisfy himself that diligent ef- 
fort has been made to ascertain the names and places of resi- 
dence of the parent, parents, guardian or person or persons 
legally entitled to the custody of such children, before hearing 
such cases; and such judge may in any event order service by 
publication, as in other chancery cases if in his opinion the cause 
of justice require, in which case, if there be no other means of 
meeting such expense, same shall be paid by the county in which 
such proceedings are had. If the child mentioned in the sum- 
mons be present in court at the time of the hearing, no summons 
to said child shall be necessary to give the court jurisdiction of 
such child. When the person named in the summons other than 
the child is present in court at the hearing, or for any of the rea- 
sons set out above has not been served with a copy of the sum- 
mons, or when said child is in court, by reason of the violation of 
any law, Federal, State or municipal, service of the summons 
upon such other person named in the summons shall not be nec- 


16 


essary to give the court jurisdiction; but if such other person be 
not present in court, and if for any of the reasons set out above 
has not been served with the summons, the court must appoint a 
probation officer, or some other discreet person, to act as 
guardian ad litem, to represent the interests of such child, and 
such guardian ad litem shall be present at the hearing of said 
case to represent said child. The summons herein provided for 
Shall be considered a mandate of the court, and wilful failure to 
obey its requirements shall subject any person guilty thereof to 
liability for punishment as for a contempt of court. The sheriff 
of the county shall serve all papers directed by the juvenile court 
or judge thereof to be served by him, and a suitable allowance 
shall be made to him by the court of county commissioners, or 
board of revenue of such county for his actual and necessary 
disbursements in effecting such service. However, all papers, 
summons, and processes issued from the juvenile court in such 
proceedings may be served by the police of any municipality or 
by any person selected by said court or by the judge thereof for 
that purpose. When engaged in serving such papers, summons, 
and processes, such persons so selected by the court or by 
the judge thereof shall have the authority of a sheriff. Should 
any person, who by reason of not having had any legal notice of 
such proceeding, have a legal right to be heard in such cause, 
such person shall, or must, assert such right by filing a petition 
in such cause setting out such right, and asking to be heard 
thereon, within ninty days from the rendition of the decree 
adjudging such child a dependent, neglected, or delinquent child, 
and a ward of the court, and such right, if any there be, shall or 
must be so asserted and within such time, or same shall be for- 
ever barred. 

Section 5. JUVENILE COURTS; PRACTIGE ANP 
RULES OF. (1) PRIVACY. The juvenile court shall keep 
for the trial of cases involving children under the age of 16 years 
a docket which shall be separate and distinct from any other 
docket kept in said court; and the orders and decrees of the 
court relating to such cases shall be entered in a separate min- 
ute book. The court shall have the power, in the hearing of any 
case involving any child under the age of 16 years, to exclude 
the general public from the room where said hearing is held, 
but shall admit thereto such persons as, in the judgment of the 
court, have a direct interest in the case. The records of all 
such cases shall be withheld from indiscriminate public inspec- 
tion but such records shall, in the discretion and under orders 
of the judge, be at all reasonable times open to inspection by the 
child, its parents, or guardian, its attorney, or attorney for its 
parent or guardian, and the Child Welfare Department or its 
accredited agents. The trial of all cases where children are in- 


17 


volved shall be held at a different time from the hearing of other 
cases in the probate court. It shall be the duty of the judge of 
the court so to conduct the hearing as to disarm the fears of the 
child and to win its respect and confidence. (2) PROCED- 
URE. The hearing and proceedings herein provided for may 
be conducted in the judge’s chamber or in any other room that 
may be provided for such cases, or in such other place within 
the county as may be convenient for the court and all parties 
concerned. Upon the return of the summons or at the time set 
for the hearing, the judge of the court or the referee or referees 
hereinafter provided shall proceed to hear and determine the 
case. At such hearing the nature of the proceeding shall be 
carefully explained to the child and to his parent, custodian or 
guardian. The judge of the court or the referee or referees 
may conduct the examination of witnesses and may take testi- 
mony for the purpose of inquiring into the habits, surroundings, 
conditions, tendencies and guardianship of the child in order to 
enable the court to determine whether such child is dependent, 
neglected or delinquent, and, if dependent, neglected or delin- 
quent what order or judgment will best conserve the welfare of 
the child and carry out the objects of this act. If said child is 
found by the court to be dependent, neglected, or delinquent, the 
court shall so adjudicate, and, thereafter, said child shall, during 
his minority be considered a ward of the State and subject to the 
guardianship of the juvenile court as herein provided unless 
sooner discharged by order and decree of the juvenile, or other, 
court of competent jurisdiction. Any order or judgment of the 
court in the case of any such child within its custody and guard- 
ianship shall be subject to modification from time to time as the 
court may consider best for the welfare of such child. (3) 
REFEREES. The judge of the court shall have authority to 
appoint and he may appoint a probation officer or other suitable 
person to act as referee, in the first instance, to hear any case 
coming under the jurisdiction of the court and to make report 
thereof together with said referee’s conclusion and recommen- 
dations. If no exception be taken to said report, and no review 
be asked thereof, such report and recommendations, if and when 
confirmed by the court, shall become the judgment of the court. 
A review of the conclusions and recommendations of such 
referee may be had by any child, his parent, guardian, or cus- 
todian by filing a petition for a review thereof with the court at 
any time within five days after the entry upon the records of the 
court of the finding of the referee. No case of a female child 
shall be heard in the court unless there be present a woman of 
good character. (4) MENTAL AND PHYSICAL EXAMINA- 
TION AND TREATMENT OF WARDS. The juvenile court, in 
its discretion may, either before or after hearing, cause any child 


18 


within its jurisdiction to be given a physical or mental examina- 
tion or both by a competent physician or physicians or an ap- 
proved mental examiner to be designated by the court having 
jurisdiction of the child and the physician or physicians or 
mental examiner shall certify to the court the conditions in 
which the child is found. If, with or without such examination, 
the court has reason to believe that the child is within the class 
defined by Act 704, approved September 29, 1919, General Acts, 
1919, as mentally inferior, defective, or feeble-minded, it may 
proceed in the manner set out in said Act approved September 
29, 1919, General Acts 1919, to commit said child to the Alabama 
Home or other approved institution for children of his class, or 
to make such other disposition of such child as the court in its 
wisdom may order. Or if, upon examination, it appears that 
the child is in need of medical treatment or care, the court may 
cause the child to be treated by a competent physician or physi- 
cians or placed in a public hospital or other institution for train- 
ing or care or in an approved private hospital or institution 
which will receive it for like purposes. The expense of such 
treatment shall be a valid charge against the county unless 
otherwise provided for. 

section 6..: SOLICITORS TO ASSIST SUCH COURTS: 
The juvenile court may, in its discretion, call upon the solicitor 
of the circuit court of the county or of the judicial district in 
which the case is pending or upon the county solicitor, to assist 
the court in any proceedings under this act. It shall be the duty 
of such solicitor to render such assistance when so requested, 
and said solicitor shall represent the State in all cases arising 
under this act appealed from the juvenile to the circuit court. 
In every case the court may, in its discretion, appoint an attor- 
ney to represent the child. 

Section 7. PROBATION OFFICERS, DUTIES AND COM- 
PENSATION OF. The Juvenile Court may appoint probation 
officers, who may be either men or women, of good moral char- 
acter, intelligent and sympathetic with the aims and purposes of 
this act, from the candidates who have been certified by the 
State Child Welfare Department. ‘Provided, that nothing in 
this bill shall be construed as empowering the State Child Wel- 
fare Department to pass upon or hold examinations for proba- 
tion officers in the several counties of this State. Said exami- 
nations shall be prepared by the State Child Welfare Depart- 
ment, and upon application of any officer of any county in this 
State, the same shall be furnished said officer or officers, who 
shall thereafter hold said examinations and pass upon the quali- 
fications and fitness of any and all applicants, before any proba- 
tion officer shall be employed. The number of probation offi- 
cers necessary for any juvenile court shall be determined by the 


19 


judge and the advisory board of such court. The Court of 
County Commissioners or board of revenue of the county shall 
pay such probation officers so appointed a reasonable salary to 
be determined by the judge, the advisory board, and the court of 
county commissioners or board of revenue of the county, acting 
jointly, but no paid probation officer shall be employed after 
the approval of this act unless such probation officer shall have 
been certificated by the State Child Welfare Department. Vol- 
unteer probation officers may be appointed in the same manner 
as paid probation officers. Such volunteer probation officers, 
when so appointed, shall have and exercise such powers and 
authority of paid probation officers as may be authorized by 
the court. Provided that volunteer probation officers shall 
work subject to the direction of a paid probation officer (or the 
chief probation officer if there be such) if one be employed. 
No salary shall be paid out of public funds to any volunteer 
probation officer. Probation officers shall be reimbursed for 
actual expenses incurred in making investigations and in trans- 
porting and caring for children who are wards of the Court 
when such accounts are approved by the judge of said court. 
Probation officers shall make investigations, as the court may 
direct, either before or after hearing and such child between 
the ages of 16 and 18 as may be transferred from a court 
of criminal jurisdiction as hereinafter provided for; shall be 
present in the court in order to represent the interests of the 
child and to aid the court, when the case is heard; shall have 
under orders of the court the oversight and care of such chil- 
dren as may be committed by said court to their charge or super- 
vision; and shall perform such other duties as the court may 
direct. Probation officers may file petitions in the court in 
cases of any children alleged or believed to be dependent, neg- 
lected, or delinquent, or in need of the State’s care and protec- 
tion, and may bring charges against any person who aids or 
encourages any child to violate any law or ordinance, or any 
order of the court, or who contributes to the neglect, depend- 
ency, or delinquency of any child, or causes any child to become 
dependent, neglected, or delinquent. Probation officers shall 
serve during the pleasure of the court and shall be removable 
by said court at any time. Paid probation officers shall have 
the power of sheriffs, and police officers, school attendance of- 
ficers and child labor inspectors, anywhere within the State, for 
the purposes of this Act, may serve any process authorized to be 
served by this Act, and may make arrests in the execution of 
processes issued from the court. Such probation officers shall 
take and subscribe to the oath of office now required of other 
public officers before entering upon the discharge of their 
duties. It is hereby made the duty of every county or municipal 


20 


officer to render to the court, its judges, and officers, such as- 
sistance and co-operation as shall be within his jurisdiction or 
power to further the objects of this Act. All institutions, asso- 
ciations, or other custodial agencies, receiving or having in 
charge any child coming within the terms and provisions of this 
Act, or to which any child may be committed under the provis- 
ions of this Act, are hereby required to give to the court and to 
its officers any information, which, for the purposes of this Act, 
may be required or requested by said court or the officers 
thereof. 

Section 9. COMMITMENT OF CHILDREN; WARDS OF 
THE STATE. If, after hearing the case of any child, the court 
shall find the child dependent, neglected, or delinquent and shall 
so adjudge, the judge may commit the child to the home of its 
parents, guardian, or persons having control of the home in 
which said child resides, provided that the character or condi- 
tion of said home, parents, guardian or persons in said home is 
not such as to be injurious to the best interests of the child, 
and may permit such child to remain in its home subject to the 
visitation and supervision of a probation officer and to such 
other conditions as the court may deem for the best interests of 
such child, and to be returned to the court by such guardian, 
parent, or probation officer when such return may appear to the 
judge necessary and an order therefor is made by him. Or, the 
child may be placed by the court in any suitable family home, 
subject to the visitation and supervision of a probation officer 
and to further orders of the court. Or, the court may authorize 
the boarding out of the child in some suitable family home in 
such manner as is now, or may hereafter be provided by law, or 
may arrange by voluntary contribution or otherwise for the 
board and care of the child until suitable provision can be made 
for the placing of such child elsewhere. Or, the child may be © 
committed by the court to any orphanage, institution, associa- 
tion, or agency approved by the State Child Welfare Department 
for the care of such children in the State of Alabama and which 
is willing to receive such child. The court may commit any de- 
linquent child coming within its custody and control to any ap- 
propriate State institution which is now or which may hereafter 
be established to receive and care for delinquent children, or, 
make such other order or judgment as the court, in its discre- 
tion, shall deem to be for the best interests of the child; no child 
shall be committed to any orphanage, institution, association, or 
agency except State institutions or agencies, unless such orphan- 
age, institution, association or agency is approved by the 
State Child Welfare Department for the care of children of his 
class. During the probation period and during the time when 
such child shall be in the custody of any institution other than a 


21 


State Institution, or of any society, association, or person, the 
child shall be subject to the visitation of probation officers or 
other duly appointed agents of the court. No commitment of 
any child to any institution or other custodial agency, other 
than State Institutions or the State Child Welfare Department 
shall deprive the court of the jurisdiction or authority to change 
the form of commitment or to transfer the custody of the child 
to some other institution or agency. The court may release the 
child from its custody or control, subject to be recalled and held 
in its control and custody on failure to comply with the terms 
and conditions of its order, or finally discharge the child. State 
institutions for delinquents shall not release any child committed 
to them under the provisions of this Act without first giving 
ten days’ notice in writing to the court making the commitment. 
In committing any child to any custodial agency or in placing 
any child under any guardianship other than that of its natural 
guardian, the court shall, as far as practicable, select as custo- 
dial agency or an individual of the same general religious belief 
as that of the parents of such child, or if there be no parents, 
as that of the child itself, or an institution or association gov- 
erned by persons of the same general religious faith as that of 
the parents or of such child, unless said institution be a State, 
county, or municipal institution. Female children, when being 
transported by order of the court to State institutions for delin- 
quents, shall be accompanied by a woman of good character. 
When any child is committed by the court to any home, institu- 
tion, or person, and the parents of such child shall have the 
means, such parents may be required by the court to pay for the 
support and care of the child such sums and at such times as the 
court may order, or, if the child shall have an estate in the hands 
of a guardian or trustee, such guardian or trustee may be re- 
quired by the court to pay for the support and care of the child 
in the same manner. In case of such order to pay, the court 
shall designate the person, officer, institution or agent to whom 
such payment shall be made. If said person, guardian, or trus- 
tee so adjudged and ordered to pay such sums for the sup- 
port and care of the child, wilfully, and without just excuse, 
fails or refuses to make payments in accordance with the order 
of the court, such person, guardian, or trustee so failing or re- 
fusing to pay may be adjudged in contempt of court. From any 
such order to pay for the support and care of such child, an 
appeal may be taken by the person, guardian or trustee so 
ordered, as hereinafter provided for, and upon the taking of 
such an appeal, said order shall be suspended until the determi- 
nation of said appeal. The expenses of transporting a child to 
an institution, home, or other custodial agency, shall, unless 
otherwise provided for, be borne by the county of the residence 


22 


of the child and shall be paid by the court of county commis- 
sioners or board of revenue upon presentation of a bill for such 
expenses approved by the judge of said court. The policy of 
the court shall be, as far as possible, to exercise its supervisory 
care by the retention of children in their own homes under the 
supervision of a probation officer. No child shall be committed 
to any home of a race other than its own. Every child commit- 
ted to any home shall be treated in such home as a member of the 
family, and the home receiving such child shall be under agree- 
ment to rear and educate such child as a member of the family. 
When jurisdiction and custody of any child has been assumed by 
the court, pending disposition of the child by commitment or 
otherwise, the court of County Commissioners, or Board of 
Revenue of the county of the residence of said child shall, unless 
support shall be otherwise provided, provide for the reasonable 
and proper support of the child while in the custody of the 
court. No child coming within the provisions of this act shall 
hereafter be committed to any institution at the public charge 
unless his status shall have been first determined by such court 
in accordance with this act. 

Section 10. APPEALS. Any party aggrieved may take an 
appeal from any judgment or order of the court arising under 
provisions of this act to the circuit court of the county sitting 
as a court of equity. Such appeal shall be taken within ten 
days after the entering of the judgment or order. An appeal 
bond may, in the discretion of the court, be required. Such 
bond shall be payable to the State of Alabama and conditioned 
upon the child’s appearance to answer such judgment as may be 
rendered on appeal, as well as to secure such costs as may accrue. 
If such appeal be taken by a guardian ad litem appointed for 
the child by the court, the court may, in its discretion, make 
an order allowing to such guardian ad litem the actual expenses 
incurred on appeal, and the amount so allowed shall be a valid 
charge against the county when approved by the judge. An 
appeal, with or without bond, shall not suspend the judgment 
appealed from, nor shall it discharge the child from the custodv 
of the court or from the custody of the officer or person to whose 
care such child shall have been committed, unless the court shall 
so order. All appeals under this Act shall take precedence over 
all other business of the court to which the appeal is taken. 
Upon appeal, the circuit court shall try the case de novo and 
shall proceed, under and in pursuance of the intent and terms 
of this act, to render such judgment as to it shall seem just and 
for the best interests of the child. Upon the rendition of such 
judgment, the circuit court shall cause to be filed with the juve- 
nile court a copy of its judgment which shall thereupon become 
the judgment of the juvenile court. If the circuit court does 


23 


not dismiss the proceedings and discharge the child, it shall 
remand the child to the jurisdiction of the juvenile court for 
supervision and care under the terms of the judgment of the 
circuit court, and thereafter, the child shall be and remain 
under the jurisdiction of the juvenile court in the same manner 
as if said juvenile court had rendered said judgment in the first 
instance, 

Section 11. TRANSFERRING JURISDICTION. (1) 
Transfers to the Juvenile Court. Nothing in this Act shall be 
construed as forbidding the arrest, with or without warrant, of 
any child as is now or may hereafter be provided by law, or as 
forbidding the issuance of warrants by magistrates as provided 
by law. Whenever a child under sixteen years of age is brought 
before a magistrate of any court in the county other than the 
juvenile court, charged with any offense, such magistrate or 
court shall forthwith, by proper order, transfer the case to the 
juvenile court of the county. Provided, however, that any crim- 
nial court or any court exercising criminal jurisdiction in any 
county coming under the provisions of this act before which 
any child between the ages of 16 and 18 years is brought, 
charged with the commission of a crime, shall have authority, if 
such court shall deem it to be in the interest of justice and of the 
public welfare, to in like manner transfer such child by proper 
order to the jurisdiction of the juvenile court of said county to 
be dealt with as a delinquent child under the terms of this Act 
and when so transferred such child shall come under all terms 
and conditions of this act and be so dealt with as other children 
are dealt with under this Act. All information, depositions, 
warrants, and other processes in the hands of such magistrate 
or court shall be by him or by the judge of said court forthwith 
transmitted to the juvenile court and shall become a part of the 
records of the juvenile court. The juvenile court shall there- 
upon have jurisdiction of the cause and shall proceed to hear 
and determine the case, so transferred to it, in the same manner 
as if the proceedings had been instituted in the juvenile court. 
by petition as hereinbefore provided. (2) TRANSFER 
FROM THE: JUVENILE “COURT. If, at: any time, after 
thorough investigation or trial of its disciplinary measures, the 
juvenile court or judge thereof shall be convinced that a delin- 
quent child, more than fourteen years of age, brought before it 
under the terms of this act, cannot be made to lead a correct life 
and cannot be properly disciplined under the provisions of this 
act, the juvenile court or judge thereof shall have authority to 
transfer the care of such delinquent to the jurisdiction of any 
other court in the county having jurisdiction of the offense with 
which said child is charged, there to be proceeded against ac- 
cording to law. When such order of transfer is made, the child 


24 


so transferred may be committed to the county jail pending the 
proceedings in the court to which said case is transferred, or 
may be released on bail by the judge of the juvenile court to 
answer such proceedings in the court to which said case has 
been transferred. The judge or clerk of the juvenile court shall 
at once, upon making such order of transfer, file with the clerk 
of the court to which the transfer is made copy of the order of 
transfer and any warrant or other paper which has been filed 
in the juvenile court charging the child with the commission of 
any offense. In the trial in the court to which transfer is made, 
neither the fact that the case has been transferred from the 
juvenile court nor any of the proceedings had in the juvenile 
court shall be given in evidence against the child. All bonds 
and undertakings taken and approved by the judge of the juve- 
nile court for any purpose shall be valid and enforceable even if 
the principal in said bond shall be a minor. In the event of the 
failure of the principal or sureties faithfully to carry out and 
discharge the undertakings of said bond, the judge of the juve- 
nile court shall transmit said bond, together with his certificate 
of the failure of the said principal and sureties therein to carry 
out and discharge their undertakings in said bond, to the clerk 
of the circuit court of the county. Thereupon, it shall be the 
duty of the clerk of the circuit court at once to bring said mat- 
ter to the attention of the judge of said court who shall proceed 
to enter a forfeiture of said bond, so transmitted, in the manner 
and form now provided for the forfeiture of bonds in the circuit 
court. Thereafter, writs of scire facius and execution shall 
issue thereon as now provided by law upon the forfeiture of 
bonds in criminal cases in the circuit court. (3) TRANSFERS 
BETWEEN COURTS OF JUVENILE JURISDICTION. 
When it shall appear to the Judge of the juvenile court that it 
will be for the best interests of a child in its custody the case 
of such child be transferred to the juvenile court or other court 
of similar jurisdiction of another county, said case may be trans- 
ferred, upon petition to the judge of the court into whose juris- 
diction the child is thus to be transferred and his acceptance of 
the jurisdiction of such child. The notice of such transfer shall 
be accompanied by duly certified copies of all papers and pro- 
ceedings in the case. Upon the acceptance of the transfer and 
the papers, the court to which said transfer is made shall imme- 
diately assume jurisdiction and control of the child in like man- 
ner as if the case had originated within its jurisdiction. 
Section 12. CAUSING DEPENDENCY, NEGLECT OR 
DELINQUENCY OF CHILDREN. It shall be unlawful for 
any parent, guardian, or other person to aid, encourage, or 
cause any child under sixteen years of age to become or remain 
dependent, neglected or delinquent, or by words, acts, threats, 
commands or persuasions, induce or endeavor to induce, aid or 


25 


encourage any child under sixteen years of age to do or perform 
any act or to follow any course of conduct which would cause or 
_ manifestly tend to cause such child to become or remain depen- 
dent, neglected, or delinquent, or by the neglect of any lawful 
duty or in other manner contribute to the dependency, neglect 
or delinquency of a child under sixteen years of age. The em- 
ployment of any child under sixteen years of age in violation of 
any of the provisions of the child labor law, or suffering, per- 
mitting, conniving at, aiding or abetting such employment shall 
be held to be encouraging, causing and contributing to the de- 
pendency, neglect or delinquency of such child. Failure on the 
part of any parent, guardian, or other person having custody of 
the child to cause such child to attend school as required by the 
compulsory attendance law shall be held to be encouraging, 
causing and contributing to the dependency, neglect or delin- 
quency of such child. Whoever violates any provision of this 
section shall be guilty of a misdemeanor and punished as herein 
set out in this section. Whenever, in the course of any proceed- 
ings under this act, or when, by affidavit as hereinafter pro- 
vided, it shall appear to the juvenile court that a parent, guard- 
ian, or other person having custody, control, or supervision of a 
child under sixteen years of age, or any other person not stand- 
ing in any such relation to such child, has aided, encouraged, or 
caused such child to become dependent, neglected, or delinquent 
as defined herein, or has by word, act or omission contributed 
thereto, or has, by threats, commands, or persuasion, induced or 
endeavored to induce, aided or encouraged, such child to do or 
perform any act or to follow any course of conduct which would 
cause or manifestly tend to cause such child to become or re- 
main dependent, neglected or delinquent, the court shall, for the 
protection of such child from such influences, have jurisdiction 
in such matters, as provided herein. The court shall cause such 
parent, guardian, or other person to be brought before it upon 
either a summons or a warrant, affidavit of probable cause hav- 
ing first been made, for such order or judgment in the premises 
as the court may see fit to make or render in accordance with 
the provisions of this section. Such accused person shall have 
the right to bail in such reasonable sum as may be fixed bv the 
court. the bond to be approved by the judge of said court or by 
the sheriff. In default of bail the person so accused may be 
committed to the county jail, pending the trial and disposition 
of the cause. The court shall have full power and authority to 
hear and determine such charge so brought against such parent. 
guardian, or other person, and to determine his guilt or inno- 
cence. In the event such parent, guardian, or other person 
shall be adjudged guilty by the court, the court shall. have the 
power to impose a fine of not more than one hundred dollars, or 


26 


a sentence of hard labor for the county for not more than twelve 
months, or of imprisonment in the county jail for not more than 
twelve months, or both such fine and sentence. In the trial of 
such cases, the juvenile court shall determine both the law and 
the facts without the intervention of a jury and shall award such 
judgment under the terms of this section as shall seem just. 
The judge of such court shall have authority, in his discretion, to 
suspend the payment of any fine, or the serving of any term of 
imprisonment, whether in jail or at hard labor, or both such fine 
and sentence, and to place such accused person on probation, 
for a period of time not to exceed twelve months, and upon such 
terms and conditions as to the judge may seem proper. The 
judge of such court may, further, in his discretion, and as part 
of the judgment, require such person to enter into a bond, with 
or without surety, in such terms as the court may direct, to 
comply with the orders of the court. The judge shall have 
authority, in his discretion, and upon such information as he 
may deem sufficient, to revoke such suspension of fine, of im- 
prisonment, or both, upon the violation by the probationer of the 
conditions and terms upon which such suspension was made. 
Such revocation by the judge shall immediately put into effect 
the original fine, or original term of imprisonment, or hard 
labor, or both such fine and term; and the judge may thereupon 
issue warrant of arrest and order of commitment to enforce the 
judgment as if there had been no suspension. The defendant, 
if convicted, shall have the right to appeal to the next ensuing 
term of the circuit court of the county, where he may have trial 
by jury. Pending such appeal, upon his entering into bond with 
sufficient sureties in such sum as the court may require, condi- 
tioned that he will appear at said circuit court until discharged 
by due course of law, he shall be released from custody. If he 
fails to make the required bond, he may be confined to the 
county jail until the time of his trial. Upon the taking of such 
appeal, the judge or clerk of the juvenile court shall at once 
certify to the clerk of the circuit court of the county all papers 
in the cause together with a transcript of all proceedings in the 
matter had in the juvenile court. The clerk of the circuit court 
shall set all such cases appealed from the juvenile court as pre- 
ferred cases in said circuit court. Upon such appeal the circuit 
court shall try the case de novo. If the defendant be found 
guilty by the circuit court, such court shall have all the discre- 
tionary powers herein given to the juvenile court in rendering 
judgment against said defendant. If, upon the rendition of its 
judgment, the circuit court shall suspend payment of any fine 
or the serving of any term of imprisonment, whether in jail or 
at hard labor, and shall place such convicted person upon proba- 
tion under the terms of this section, the circuit court shall cause 


27 


to be filed with the juvenile court a copy of its judgment which 
shall thereupon become also the judgment of the juvenile court, 
in said case. Upon the rendition by said circuit court of an 
order suspending such sentence, the circuit court shall remand 
such convicted person to the jurisdiction of the juvenile court 
for its supervision and care under the terms of order or judg- 
ment of the circuit court, and thereafter the convicted person 
shall be and remain under the jurisdiction of the court in the 
same manner as if such juvenile court has rendered the judg- 
ment of the circuit court in the first instance. An affidavit in 
the following form shall be sufficient to charge the offense de- 
scribed in this section, to-wit: State of Alabama, County, 
(Name of County.) In the Juvenile Court of present term. 
County, (name of county). Personally appeared before me, 
CS TOL Ae wy Judge or clerk of the juvenile court of 
Uy” te £5 Vg Sp eee cade eee (name of county). County, (name of 
SA TES DE) ey - ON 2 Sa ae iy ae eee , who being by me first duly 
sworn deposes and says, that (name of person charged with 
Sid?) SI aRYSY heey) gh tO SU ae aed ne , has, within twelve months be- 
fore the making of this affidavit, in said county, aided, enecour- 
OO Tea eCUMaIMecOLaChiidl ) Mw tukise de lied hin , a child 
under sixteen years of age, to become dependent, neglected, or 
delinquent, (as the case may be), or has, by word, act or omis- 
sion, contributed thereto; or has, by word, conduct, act, omis- 
sion, threats, commands or persuasion, induced or endeavored 
to induce, aided or encouraged such child in such county to do or 
perform an act, or to follow a course of conduct which would 
cause or manifestly tend to cause such child to become or remain 
dependent, neglected or delinquent (as the case may be), in that 
Pierce NaneOlsaccused:) Ui 2001. Wen Nols Hil , did, within said 
twelve months, within said county, (here set out succinctly the 
facts, acts, words, conduct, omissions, etc., which affiant avers 
were done or omitted by accused constituting said offense), 
against the peace and dignity of the State of Alabama. Sub- 


scribed and sworn to before me this... GayhOb a Aart MO , 
1 OA ene Py bie Se ae rd ea ee CTT Tel Tim oe ne et Se et, BY) , Judge 
Pracuericnory uvenilexGourtjol oe ir Wot ens yt County, Ala- 


bama. If merely injunctive relief is sought against one or 
more defendants or persons, as hereinabove provided, petition 
may be made therefor by a bill of complaint addressed to the 
juvenile court, or to the judge thereof, and such proceeding 
governed by the rules of chancery pleading and practice; except 
that ten days shall be the limit of time allowed for appearance 
and answer to summons in such proceedings. 

Section 13. DISOBEYING ORDERS OF COURT, PUN- 
ISHMENT FOR. Any person who knowingly and wilfully dis- 
regards or fails to obey any lawful order made by the judge of 


28 


the juvenile court under the provisions of this Act or in the 
conduct of such court, or who knowingly and wilfully interferes 
with the custody of any child under the jurisdiction of said court 
shall be guilty of a misdemeanor and upon conviction thereof 
shall be fined not more than one hundred dollars or sentenced to 
hard labor for the county not to exceed twelve months, or both. 

Section 14. OBSTRUCTING OFFICERS IN PERFORM- 
ANCE OF DUTIES. It shall be unlawful for any person in 
such counties to remove, conceal, or cause to be removed or con- 
cealed, or attempt so to do, any dependent, neglected, or delin- 
quent child, as defined in this act, or one alleged in a petition or 
order of transfer filed in said court, to be so, or any child whose 
custody is the subject of controversy in said courts, in order that 
such child may not be brought before the court; or for any per- 
son to interfere with the custody of, or remove, or attempt to 
remove any dependent, neglected or delinquent child, or one 
alleged so to be, or any child whose custody is the subject of con- 
troversy in said court who is in the custody of the court, or of a 
probation officer or any other officer, or person designated by 
the court as a special officer, or any such child who has been by 
said court committed to any person, persons, institution, associa- 
tion, or corporation, under the terms of this Act, or by virtue of 
its general chancery jurisdiction. And it shall be unlawful for 
any person to interfere knowingly with or oppose or otherwise 
obstruct any probation officer in the performance of his duties 
under this Act, or to knowingly make false statement to any 
such probation officer about any matter or person as to which 
or whom such officer is making inquiries in the discharge of the 
- duties of such officer. Any person violating any of the pro- 
visions of this section shall be guilty of a misdemeanor, and upon 
conviction thereof shall be fined not more than one hundred 
dollars or sentenced to hard labor for the county not to exceed 
twelve months, or both. 

Section 15. ADVISORY BOARD. The Judge of the Juve- 
nile Court may appoint not less than five nor more than ten citi- 
zens of the county, known for their interest in the welfare of 
children, who shall serve without compensation, to constitute 
and be The Advisory Board of the Juvenile Court of... 
(inserting name of county) County, Alabama, in matters relat- 
ing to the welfare of children. Such advisory board shall or- 
ganize by electing such officers, and by adopting such by-laws, 
rules and regulations for its government as it shall deem best 
for the purposes of this Act. Such board shall hold office dur- 
ing the pleasure of the court or of the judge thereof. Women 
shall be eligible for appointment on said Board. The duties of 
the advisory board shall be as follows: To advise and co-operate 
with the judge of the juvenile court and the Court of County 
Commissioners or Board of Revenue in the appointment of pro- 


29 


bation officers and in fixing the salaries to be paid such offi- 
cers; to assist the courts in securing the services of volunteer 
probation officers when the services of such officers shall be 
deemed necessary or desirable; to visit institutions caring for 
children in the county, and whenever practicable, other institu- 
tions to which the court, from time to time, may make commit- 
ments; to advise and co-operate with the courts upon all matters 
relating to the welfare of children; to recommend to the court 
any and all needful measures for the purpose of carrying out the 
provisions and intent of this Act; and to make themselves 
familiar with the work of the courts under this Act; and to 
make, from time to time, a report to the public of the work of 
such court. Provided, that in any county wherein a county board 
of child welfare, as may be provided by law, may hereafter be 
established, such county board of child welfare, when so estab- 
lished, shall constitute and be the Advisory Board of the Juve- 
TIORMO I Ol, eee tee a , (inserting name of county) 
County, in matters relating to children. 

Section 16. CONFESSIONS AND ADMISSIONS OF 
CHILDREN. The voluntary admissions or confessions of any 
dependent, neglected or delinquent child, as described herein, or 
of the parent or parents of such child, made to the probation 
officer, or any other person, in reference to any cause or matter 
in such court, if otherwise competent, shall be received in such 
court as legal evidence; and the written or verbal report of facts 
or conditions, in reference to any child, or in reference to such 
child’s manner of life, or condition, or environment which show, 
or tend to show, the social condition or status of such child, 
made by a probation officer of said court, after an investigation 
in pursuance of any rule or order of court, shall be received in 
evidence in such court, in such case as prima facie evidence of 
such facts or conditions, and may be used by any party in in- 
terest, in such case; provided, however, that no disposition of 
the case of a child dealt with for delinquency under this act nor 
any admission or confession of such child or of such parent, or 
parents, to the probation officer, or court; nor any report of a 
probation officer, made or given in pursuance of any rule or 
order of such courts; nor any statement by any parent, or par- 
ents, of such child, in such proceeding, shall be given or heard in 
any civil, criminal, or other cause or proceeding whatever, or in 
any other court, be lawful or proper evidence against such child 
or parent, or parents, for any purpose; provided further that 
such matters may be received and heard in subsequent proceed- 
ings in such cause in said juvenile court. 

Section 17. JUVENILES NOT CRIMINALS. No adjudi- 
cation, nor judgment under the provisions of this act shall oper- 
ate to disqualify any child for any office in any state, county, 
or municipality, or from employment in any civil service under 


30 


any branch of the government. No child shall be denominated 
nor held to be a criminal by reason of any such adjudication, 
nor shall such adjudication be held to be or denominated a con- 
viction. 

Section 18. WHEN CHILD MAY BE COMMITTED TO 
JAIL. Whenever a child is arrested for the violation of any 
law or ordinance, or is taken into custody under the terms and 
provisions of this act, and it shall appear to the court before 
which he is brought to be absolutely necessary to hold said child 
in custody until the time set for hearing of said cause in the 
juvenile court, said child may be placed in jail for safe keeping 
until the time of said hearing. If upon hearing the juvenile 
court deems it necessary for the best interests of the child, it 
may commit such child to the county jail for safe keeping, pro- 
vided that in no case shall any child be confined in the same 
room with an adult prisoner. When any child coming under 
the provisions of this act, or any child under sixteen years of 
age, shall be committed to jail, it shall be the duty of the sheriff 
or other officer having charge of such jail to take all precau- 
tionary measures necessary to protect said child from improper 
influences and injurious associations. Provided that no child 
shall be committed to jail under any sentence of any judge ex- 
cept to hold pending a final disposition of his case. It being the 
spirit and intent of this law not to incarcerate children in jails 
under sentence, but merely for safe keeping where it becomes 
imperative pending a final dispositon of their case. 

Section 19. CLERKS. The judge of the juvenile court may 
appoint as clerk of the court any probation officer or a clerk of 
the probate court. The judge may also appoint as deputy clerk 
of the court any other probation officer or clerk of the probate 
court. Such clerk and deputies shall receive no additional re- 
muneration for their services to the juvenile court. 

Section 20. COUNTIES EXCEPTED. This act shall not 
apply or be operative in any county in the State in which there 
is or may hereafter be established by act of Legislature, a special 
juvenile court or other special court having jurisdiction over 
the classes of persons and for the purposes declared in this act. 

Section 21. CONSTITUTIONALITY. This act being rem- 
edial in its nature and purposes shall be liberally construed in 
order to accomplish the beneficial purposes herein sought. 
Should any clause, paragraph, or section of this act be declared 
unconstitutional by any court of competent jurisdiction, such 
decision shall not affect the remainder thereof. 

Section 22. All laws and parts of laws in conflict with or 
inconsistent with the provisions of this Act are hereby repealed. 

Section 23. This Act shall take effect immediately upon be- 
ing signed by the Governor. 

Approved Sept. 18, 19238. 


COUNTY BOARDS OF CHILD WELFARE 
ALABAMA GENERAL LAWS 


REGULAR SESSION, 1923. 


No. 369.) (eesti Lnzer. 
AN ACT 


To provide for the establishment of county boards of child welfare; to de- 
fine the duties, powers and functions of such boards; to provide for 
the employment of county superintendents of child welfare and assist- 
ants, to prescribe their duties, powers and functions, and to provide 
for their compensation and expenses; to provide for an office for the 
county board and superintendent of child welfare; to provide for the 
co-operation of county boards of child welfare with city boards or de- 
partments of public or child welfare; to authorize the governing body 

' of any city, town or municipality in the county to make appropriation 
to aid in the payment of the salary and expenses of the county super- 
intendent of child welfare and his assistants. 

Be it enacted by the Legisiature of Alabama: 

Section 1. The judge of the juvenile court of any county 
having exclusive jurisdiction of dependent, neglected and delin- 
quent children shall, whenever the court of county commis- 
sioners or board of revenue of the county shall by resolution 
declare that a county board of child welfare should be estab- 
lished in said county and shall designate one of its members to 
serve aS a member of such county board of child welfare, and 
whenever, the county board.of education shall by resolution de- 
clare that a county board of child welfare should be established 
in said county, appoint three citizens, two of whom shall be 
women, who together with the judge of the juvenile court, the 
chairman of the county board of education, the county superin- 
tendent of education, and the member designated by the court 
of county commissioners or board of revenue of the county, shall 
constitute the county board of child welfare. The term of the 
member of the county board of child welfare designated by the 
court of county commissioners or board of revenue of the county 
shall expire on January 1 of the next ensuing year. His suc- 
cessors shall be appointed by the court of county commissioners 
or board of revenue of the county, each to serve for a term of 
two years. The term of the members of the county board of 
child welfare appointed by the judge of the juvenile court shall 
be designated to expire as follows: one on January 1 of the 
next ensuing year; one on January 1 one year after the expira- 
tion of the term of the first year; and one on January 1 two 
years after the expiration of the term of the first. All their 
successors Shall be appointed by the judge of the juvenile court 
for terms of two years each. Appointments to fill vacancies 


o2 


shall be made for unexpired terms in the same manner as the 
member whose vacancy is to be filled was appointed. Members 
of the county board of child welfare shall serve without com- 
pensation for their services as members. Office space and sup- 
plies shall be provided for the county board-of child welfare and 
its executive agent or agents and the expense of such provision 
shall be a valid charge against the county. 

Section 2. The judge of the juvenile court shall be the 
chairman of the county board of child welfare. It shall be his 
duty: 1. ‘To call the first meeting of the board at any place 
designated by him; 2. To transmit to the State Department of 
Education and the State Child Welfare Department the names 
and addresses of every appointed member of the board; 3. To 
call a meeting of the board not less than once every six months 
and at such other times as he may deem necessary, and to de- 
termine the place of every such meeting; provided, however, 
that any three members may, by giving ten days notice in writ- 
ing to the other members, call a meeting and fix the place there- 
of; 4. To preside at all meetings of the board; provided that in 
case the judge is absent the board may select a temporary chair- 
man. 

Section 8. It shall be the duty of the county board of child 
welfare: 1. To advise with and to assist the State Child Wel- 
fare Department in its work in said county; 2. To make in- 
vestigations and reports and perform such other duties as may 
be required by the State Child Welfare Department; 3. To co- 
operate with all educational and social agencies, public and 
private, in the county; 4. To co-operate with the county and the 
city board of education in the enforcement of the compulsory 
school attendance law, and in all other matters relating to the 
welfare of children; 5. To co-operate with the county board of 
health, and county “health officers, in matters relating to the 
welfare of childr en; 6. To perform all duties hitherto assigned 
by law to advisory boards of juvenile courts having exclusive 
jurisdiction over children under sixteen years of age. Upon the 
establishment of a county board of child welfare in any county, 
the advisory board of the juvenile court, if heretofore estab- 
lished, as provided by law, shall be abolished; 7. To make rules 
and regulations not inconsistent with any of the provisions of 
this Act, or other law, for the conduct of its meetings, the dis- 
charge of its duties, the exercise of its powers, and for the direc- 
tion of the work of the county superintendent of child welfare, 
and his assistants. 

Section 4. The county board of child welfare shall have 
power: 1. To employ an executive agent to be known as the 
county superintendent of child welfare, who shall serve at the 
pleasure of the board and whose salary shall be fixed by said 
board by and with the consent of the county board of education 


30d 


and the court of county commissioners, or board of revenue of 
the county, one-half of which shall be paid out of public school 
funds of the county and one-half out of the public funds of the 
county; or in such other proportion as may be agreed upon by 
the boards authorized to make payments by this Act; provided 
that the county board of child welfare, the court of county com- 
missioners or board of revenue of a county, and the county 
board of education, shall be and are hereby authorized to accept 
from the governing body of any city, town or municipality in the 
county, or from any other source, funds to aid in the payment 
of the salary and expenses of the county superintendent of child 
welfare and his assistants as herein provided, and the governing 
body of any city, town or municipality in the county and the 
board of education of any city, town or municipality in the 
county shall be and are hereby authorized to make appropria- 
tion for the purpose of aiding in the payment of the salaries and 
expenses of the county superintendent of child welfare and his 
assistants; and provided further that no person shall be em- 
ployed as county superintendent of child welfare of any county 
or assistant thereto, unless he shall have been certified as a per- 
son having met the requirements for such officer as prescribed 
in the act establishing the State Child Welfare Department. 
2. To employ an assistant or assistants to the county superin- 
tendent of child welfare when necessary, and to provide for the 
compensation of such assistant or assistants in the manner as 
herein provided in the case of county superintendents of child 
welfare. | 

Section 5. The county superintendent of child welfare shall 
have power and it shall be his duty: 1. Under the direction of 
the county or city board of education or both and the Depart- 
ment of Education, to perform all the duties imposed by law 
upon the school attendance officer and to enforce the compul- 
sory education law; 2. To co-operate with the State Child Labor 
Inspector in the enforcement of all laws relating to the employ- 
ment of children; 3. To serve as county probation officer when 
appointed by the judge of the probate court; 4. To co-operate 
with the State Child Welfare Department and all other agencies, 
public or private, having the care of, or giving relief to children, 
and to make such investigations into the conditions, life or sur- 
roundings of any child in the county as the State Child Welfare 
Department or the county child welfare board may direct; 5. To 
act as parole officer under the direction of superintendents of 
State institutions for any child paroled from such institution 
and living in said county; 6. To promote and aid in promoting 
wholesome recreation and other activities for the welfare of 
children; 7. To co-operate with the county board of health, its 
agents, officers and nurses, in all matters relating to the estab- 


34 


lishment and carrying out of public health program; 8. To re- 
port monthly in such form as may be determined by the State 
Child Welfare Department to the county board of child welfare 
and to the State Child Welfare Department; provided, that re- 
ports of school attendance work shall also be made as directed by 
the county or city board of education and the State Superinten- 
dent of Education; 9. To keep records of all cases handled and 
business transacted in such manner and form as may be pre- 
scribed by the State Child Welfare Department and to make 
report to the Child Welfare Department in such form and at 
such time as it may require; 10. Assistants of the county super- 
intendents of Child Welfare shall have power and it shall be 
their duty to exercise any of the powers and discharge any of 
the duties prescribed for the county superintendent of child 
welfare. 

Section 6. In any county in which a special court (other 
than a juvenile court) having exclusive jurisdiction over de- 
pendent, neglected, or delinquent children may have been estab- 
lished, a county board of child welfare may be established in 
such county in the same manner as provided in this Act, the 
judge of such special court having exclusive jurisdiction over 
dependent, neglected and delinquent minor children, taking the 
place of the judge of the juvenile court as herein set out. In 
counties in which there is a city in which a city board or depart- 
ment of public welfare or child welfare has been established, the 
county board of child welfare may arrange with such city board 
or department of public welfare or child welfare to consolidate 
and co-ordinate city and county child welfare work in such man- 
ner as may be agreeable to the county board of child welfare 
and the city board or department of public welfare or child wel- 
fare and with such division of expenses as may to both seem 
equitable; provided, that every such agreement shall be ap- 
proved by the court of county commissioners or board of revenue 
of the county and by the county board of education. 

Section 7. All laws and parts of laws in conflict with this 
Act are hereby repealed. 

Section 8. If any section of this Act shall be held unconsti- 
tutional, in whole or in part, the fact shall not affect any other 
section of this act, it being the intention of the Legislature in 
enacting this Act to enact each section separately. 

Section 9. This Act shall take effect immediately upon its 
approval by the Governor. 

Approved Sept. 26, 1923. 


CHILD-PLACING 


ALABAMA GENERAL LAWS 


No. 5438.) (H. 313. Mrs. Wilkins. 
AN ACT 


REGULAR SESSION, 1923. 


To regulate child-placing, and to provide for the licensing, visitation, super- 
vision, inspection and regulation of agencies and institutions within 
the State of Alabama that are engaged in the business of receiving 
and caring for children or of placing them or boarding them in private 
homes. 


Be it enacted by the Legislature of Alabama: 


Section 1. That it shall be the duty of the State Child Wel- 
fare Department to pass annually on the fitness of every agency, 
public, semi-public or private, which engages in the business for 
gain or otherwise, of receiving and caring for children or plac- 
ing or boarding them in private homes. Annually and at such 
times as the department shall direct, every such agency shall 
make a report, showing its condition, management and com- 
petency to care adequately for such children as are or may be 
committed thereto or received thereby, the system of visitation 
employed for children placed in private homes, and such other 
facts as the department may require. When the department is 
satisfied that such agency is competent and has adequate facili- 
ties to care for such children, and that the requirements of the 
statutes covering the management of such agencies are being 
complied with, it shall issue to the agency a license which shall 
continue in force for one year unless sooner revoked by the de- 
partment. No agency which does not hold such license shall 
receive a child for care or placing out, or place a child in an- 
other home or solicit money in behalf of such agency. All such 
agencies shall be subject to visitation and inspection by the 
county board of health, and visitation, inspection and super- 
vision by the State Child Welfare Department. The word 
“agency” where used in this Act shall include individuals, part- 
nerships, voluntary associations and corporations. 

Section 2. That every agency permitted by law to receive, 
secure homes for, or otherwise care for children, shall keep a 
record containing names, ages, present and former residences of 
all children received; the names, former residences, occupations 
and character so far as known of the parents; the dates of recep- 
tion, placing out or adoption, together with the names, occupa- 
tions and residences of the person with whom the child is placed: 
the date and cause of cancellation of any contract, the date and 


36 


cause of any removal to another home; the date and cause of 
termination of custody, and a brief history of each child until 
he shall have reached the age of eighteen years, or shall have 
been legally adopted or discharged according to law. 

Section 3. That every such agency shall report at such time 
prescribed by the Child Welfare Commission to the State Child 
Welfare Department on forms supplied by it, giving the in- 
formation contained in the record and such other information 
as the board may require. 

Section 4. That the State Child Welfare Department may, 
within ninety days of the receipt of the notice of placement of 
any child, cause such child to be visited by one of its agents for 
the purpose of ascertaining whether the home is a suitable one | 
for the child, and whether the child is contented. The depart- 
ment may continue to visit and supervise the care of such child 
as though the child were placed out by the department. When- 
ever satisfied that a child has been placed in an unsuitable home, 
or that the child continues to be discontented, the department 
may order its transfer by the agency which placed it, and if said 
order is not obeyed within thirty days or such shorter time as 
is named in the order, the department itself shall take charge 
of and provide for such child. 

Section 5. That every agency placing a child in a home 
shall enter into a written agreement with the person taking the 
child, which agreement shall provide that the agency shall have 
access at all times to such child and to the home in which he is 
living, and for the return of the child by the person taking him 
whenever in the opinion of the agency or in the opinion of the 
State Child Welfare Department, the best interests of the child 
shall require it. The provisions of this section shall not apply 
to children who have been legally adopted upon written permis- 
sion of the agency making the placement if such agency holds a 
license from the State Child Welfare Department or held such 
a license at the time the placement was made. 

Section 6. That no agency shall bring or send into the State 
any child for the purpose of placing him out or procuring his 
adoption without first obtaining the consent of the State Child 
Welfare Department. Such agency shall conform to the rules 
of the State Welfare Commission, and shall enter into a written 
agreement with the department: (a) to remove such child 
from the State when requested so to do by the said department, 
prior to the child’s adoption or becoming of age; (b) that it 
will place the child under written contract approved by the de- 
partment; (c) that the person with whom the child is placed 
shall be responsible for his proper care and training; (d) that 
the department shall have the same right of visitation and 
supervision of the child and the home in which it is placed as in 


37 


the case of a child placed out by the department. Before the 
child shall be brought or sent into the State for the purpose of 
placing him in a home, the agency so bringing or sending such 
child shall first notify the State Department of its intention and 
shall obtain from the State Department a certificate stating that 
such home is, in the opinion of the said department, a suitable 
home for the child. The agency bringing or sending the child 
into the state shall report once a year, or when the child is placed 
in another home, or at such times as the department may direct, 
as to the location and well-being of the child so long as he shall 
remain within the State and until he shall have reached the 
age of eighteen years or shall have been legally adopted. 

Section 7. That no child shall be taken or sent out of the 
State for the purpose of placing him in a home, otherwise than 
by a parent or guardian, unless the agency so taking or sending 
him shall give the State Child Welfare Department notice of its 
intention and furnish such information as the department may 
require. Such agency shall place the child under written con- 
tract approved by the department that the person with whom 
the child is placed shall be responsible for his proper care and 
training, and thereafter shall report to the department once a 
year and at such other times as the department may direct, as 
to the location and well-being of such child until he shall have 
reached the age of eighteen years or shall have been legally 
adopted. 

Section 8. That the records herein provided for, or the facts 
learned about the children, their parents or relatives, or other 
persons having custody or control of them shall be held in strict 
confidence by the State Child Welfare Department, the Board 
of Health, and the agencies which may be caring for or co- 
operating in the care of such children; provided, that any person 
who has arrived at the age of majority and who knows or be- 
lieves himself to have been placed out by an agency reporting to 
the department, shall have the right to demand and receive from 
the department such information as the department may have 
concerning his own parents or relatives. 

Section 9. That no person other than the parents or rela- 
tives of the second degree may assume the permanent care, cus- 
tody or control of a child under 16 years of age unless author- 
ized so to do by an act or decree of the Court. Except in pro- 
ceedings for adoption, no parent may assign or otherwise trans- 
fer to another his rights or duties with respect to the permanent 
care, custody and control of a child under 16 years of age, and 
any such transfer hereinafter made shall be void. Provided 
that nothing contained in this section shall operate to prevent 
the transfer of custody of children to the State Child Welfare 
Department or agencies or institutions holding license from the 


38 


State Child Welfare Department or to prevent the Child Welfare 
Department and such licensed agencies from placing such chil- 
dren under the rules and regulations of the State Child Welfare 
Commission. | 

Section 10. Every person, acting for himself or for an 
agency, and every officer, agent or employee of the State Child 
Welfare Department, who violates any of the provisions of this 
Act, or who shall intentionally make any false statements to the 
State Child Welfare Department shall, upon conviction thereof, 
be punished by a fine of not more than one hundred dollars, or 
by imprisonment for not more than one year, or by both such 
fine and imprisonment, at the discretion of the Court. 

Section 11. All laws and parts of laws in conflict with this 
Act are hereby repealed. . 

Section 12. This Act shall be liberally construed in order 
to accomplish the beneficent purposes herein provided for; and 
should any section or part thereof be held to be unconstitutional 
it shall not affect the remaining portion thereof. This Act shall 
take effect immediately upon being signed by the Governor. 

Approved Oct. 1, 1928. 


MATERNITY HOSPITALS 
ALABAMA GENERAL LAWS 


REGULAR SESSION, 1923. 


No. 560.) ° CEUG814°olirsai Wilkins, 
: AN ACT 


To define maternity hospitals and to provide for the licensing, regulation 
and supervision of such hospitals. 

Be it enacted by the Legislature of Alabama: 

Section 1. That any person who receives for care or treat- 
ment during pregnancy or during delivery, or within ten days 
after delivery, more than one woman within a period of one 
year, except women related to such person by blood or mar- 
riage, shall be deemed to maintain a maternity hospital. The 
fact that such hospital receives other types of patients shall 
not operate to except it from the provisions of this Act. The 
word “person,” where used in this Act shall include individuals, 
voluntary associations, corporations, partnerships, and munic- 
ipal or county institutions. 

Section 2. That the Child Welfare Department may grant 
a license for the conduct of any maternity hospital that is for 
the public good and is conducted by a respectable and respon- 
sible person and it shall be the duty of the Child Welfare Com- 
mission to prescribe such general regulations and rules for the 
conduct of all such hospitals as shall be necessary to effect 
purposes of this Act and all other laws of the State relating to 
children so far as the same are applicable, and to safe-guard 
the well-being of all infants born therein and the health, moral- 
ity and best interests of the parties who are inmates thereof. 
No maternity hospital shall receive a woman for care therein 
without first obtaining from the State Child Welfare Depart- 
ment a license to conduct such maternity hospital. No such 
license shall be issued unless the medical staff of the hospital 
includes one or more resident nurses and one or more licensed 
physicians and the premises are in a fit sanitary condition. 
The license may be granted for a period not exceeding one year, 
and shall state the name of the licensee, the particular premises 
in which the business may be carried on, and the number of 
women that may be treated or cared for therein at any one time. 
No greater number of women shall be kept at one time than is 
authorized by the license; and no woman shall be kept in a build- 
ing or place not designated by the license without the consent of 
the State Child Welfare Department. A record of every license 
so issued shall be kept by the State Child Welfare Department, 


A0 


which shall forthwith give notice to the State Board of Health, 
and to the board of health of the county in which the licensee 
resides, of the granting of such license and the term thereof. 
The State Child Welfare Department may revoke a license so 
issued when a provision of this Act is violated, or when, in the 
opinion of said department, such hospital is maintained without 
due regard to sanitation and hygiene, or to the health, comfort 
or well-being of the inmates or infants born to such inmates. 

Section 3. That the State Child Welfare Department shall 
prescribe and furnish forms for the registration, records and 
reports of persons cared for in any such hospital. 

Section 4. That every birth occurring in a maternity hos- 
pital shall be attended by a legally qualified physician or a 
competent nurse. The licensee conducting such hospital shall, 
within twenty-four hours after an admission of a patient or 
after a birth occurs therein, in addition to the report required 
to be filed with the State Registrar of Vital Statistics, make a 
written report thereof to the State Child Welfare Department 
and county board of health, giving the sex of the child, and such 
additional information, when obtainable, as the State depart- 
ment may require. The licensee shall immediately after the 
discharge from, or death in, such maternity hospital of a wom- 
an, or of an infant born therein, notify the board of health of 
the county in which such hospital is located. 

Section 5. That the officers and agents of the State Child 
Welfare Department, and the board of health of the county in 
which a licensed hospital is located may visit and inspect such 
hospital at least once in every three months. Moreover, the 
State Board of Health, through its officers or agents, may also 
inspect every such hospital when deemed necessary by said 
board. The licensee shall give all such information to such 
inspectors and afford them every facility for viewing the 
premises and seeing the inmates. The said inspectors shall 
make report of conditions in said hospital, and such report shall . 
be kept by the Child Welfare Department. 

Section 6. That no maternity hospital shall engage in the 
business of child-placing, unless licensed for child placing by 
the Child Welfare Department. Any child born in any ma- 
ternity hospital who is illegitimate and whose father is unknown 
and whose mother is unable to care for such child, or any child 
who for any reason will be left destitute of support, shall, 
through proper court proceedings, be committed to the Child 
Welfare Department, or to any agency licensed by said depart- 
ment to engage in the business of child-placing. 

Section 7. That on a prosecution under the provisions of 
this Act, a defendant who relies for defense upon the relation- 


Al 


ship of any woman or infant to himself shall have the burden 
of proof on that issue. 

Section 8. That no officer, or agent, or employee of the 
State Child Welfare Department, the State Board of Health, or 
the board of health of the county where such licensed hospital 
is located, or any person who has held such position, shall direct- 
ly or indirectly disclose the contents herein provided for, except 
upon inquiry before a court of justice, or by order of a court of 
justice, or upon a coroner’s inquest, or for the information of 
the State Child Welfare Department, the State Board of Health, 
or the board of health of the county in which said hospital is 
located; provided, however, that nothing herein shall prohibit 
the State Child Welfare Department from disclosing such facts 
to persons having a proper interest in the child or children in- 
volved, if, in the judgment of said department, the interests of 
such child or children will be forwarded thereby. 

Section 9. That the provisions of this Act shall not apply 
to hospitals except insofar as such provisions concern or apply 
to babies born out of wedlock, or the mothers of such babies re- 
celving maternity care in such hospitals. 

Section 10. That every person who violates any of the pro- 
visions of this Act shall be guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not more than one hun- 
dred dollars or by imprisonment in jail for not more than one 
year, or by both such fine and imprisonment at the discretion 
of the court. 

Section 11. That all laws or parts of laws in conflict with 
this Act shall be and the same are hereby repealed. 

Section 12. That this Act shall be liberally construed in 
order to accomplish the beneficent purposes herein provided 
for; and should any section or part thereof be held to be uncon- 
stitutional it shall not affect the remaining portion thereof. 
This Act shall take effect immediately upon being signed by 
the Governor. 

Approved Sept. 29, 1928. 


THE ALABAMA HOME FOR MENTAL INFERIORS 
ALABAMA GENERAL LAWS 


REGULAR SESSION, 1928. 


No. 568.) (S. 113. Foster. 
AN ACT 


To amend an Act entitled an Act “To provide for the establishment and 
maintenance of a home for mental inferiors in Alabama; to define who 
are mental inferiors; to provide for their care, treatment and training, 
and to appropriate the money necessary therefor from the State treas- 
ury,” approved Sept. 29, 1919. 


Be it enacted by the Legislature of Alabama: 

Section 1. That the Act entitled an Act “‘To provide for the 
establishment and maintenance of a home for mental inferiors 
in Alabama; to define who are mental inferiors; to provide for 
their care, treatment and training, and to appropriate the money 
necessary therefor from the State Treasury. Be and hereby is 
amended so as to read as follows: 

Section II. That there is hereby created and established 
‘upon or near the grounds of the Bryce Hospital, near Tusca- 
loosa, Alabama, a Home and School for mental deficients or 
inferiors as they may be hereinafter defined, and to be known 
as “The Alabama Home.” 

Section III. The home shall be managed and controlled by 
a Board of Managers, composed of the Governor, who shall be 
ex-officio a member, the seven trustees of the Alabama Insane 
Hospitals as now constituted, and three other persons, two of 
whom shall be women. Said three last named members shall be 
appointed or elected by the Board of Trustees of the Alabama 
Insane Hospitals, one for a period of one year, one for a period 
of two years and one for a period of three years from the date 
of their election or appointment; and upon the expiration of 
said terms of office, and all later terms, successors shall be 
elected or appointed by the Board of Managers of the home for 
periods of seven years, and until their successors are elected or 
appointed; all terms to end on the 31st day of December of the 
last year of each term. ) 

Section IV. The Superintendent of the Alabama Insane 
Hospitals, by virtue of his office shall be Superintendent of the 
Eome and with the assent and by the advice of the Board of 
Managers of The Home, shall appoint an assistant who shall 
have immediate charge of The Home. Such assistant shall be 
responsible for the management and control of The Home di- 
rectly to the Superintendent, and may be removed at any time 
by the Superintendent for just cause, the same to be set forth in 


43 


writing and entered upon the minutes of the proceedings of the 
Board of Managers; The Board of Managers concurring there- 
in, or he may be removed at any time by the Board of Man- 
agers, for just cause set forth in writing as provided next above. 
The term of office and the salary of the assistant, shall be fixed 
by the Board of Managers, upon the recommendation of the 
Superintendent. The assistant must be a graduate physician 
with experience and training in the specialty of psychiatry, a 
married man of high moral character and refinement. 

Section V. The assistant, with the consent and approval of 
the Superintendent, shall manage and conduct all the affairs 
of The Home; appoint all officers and employees, including a 
matron, teacher and attendants; fix their salaries or wages; 
direct their services and dismiss them from the service of The 
Home with the advice and approval of the Superintendent. 

Section VI. The Board of Managers shall prescribe rules 
and regulations for the government of The Home, the residents 
therein and the officers and employees thereof, and the assistant 
shall be responsible directly to the Superintendent, and to the 
Board of Managers for the faithful execution of all such rules 
and regulations as may be prescribed by the Managers. 

Section VII. The following are declared to be mental in- 
feriors or deficients, or feeble-minded: All persons of what- 
ever age, who are deficient or inferior to the extent of being 
classed in either of the following groups of the feeble-minded: 
That is to say, idiots, imbeciles, feeble-minded or morons, and 
any of whom may be, or may not be epileptics, but not violent 
or insane. The terms “feeble-minded” and ‘mental inferior 
or deficient” within the meaning of this Act shall include every 
person with such a degree of mental defectiveness from birth, or 
from an early age that he is unable to care for himself and to 
manage his affairs with ordinary prudence, or that he is a 
menace to the happiness or safety of himself or of others in the 
community, and requires care, supervision, and control either 
for his own protection or for the protection of others. It is 
specifically recognized that the greatest danger which the feeble- 
minded constitute to the community lies in the frequency of the 
passing on of mental defect from one generation to another. 
Any person within the above named class, over the age of five 
years, and a resident of the State of Alabama for more than a 
year, may be committed to The Home. 

Section VIII. Whenever any inmate of The Home shall 
become insane or violent or unmanageable the Superintendent 
shall make an order, in writing, a copy to be filed with The 
Home, and the original transmitted to the proper authorities of 
the Alabama Insane Hospitals, transferring such persons to the 
proper Insane Hospital, and such order shall be authority for 


4d 


confining such person, so transferred, in the Insane Hospitals 
just as though such person had been properly committed to the 
Insane Hospitals in the first instance. So, also, any person con- 
fined in the Insane Hospitals found to be not insane but to be a 
mental inferior or deficient, as defined in this Act, may be 
transferred from the Alabama Insane Hospitals to The Home 
by a written order of the Superintendent, said order to accom- 
pany the patient to The Home; a copy of the same to be filed 
in the hospital from which the patient is transferred. 

Section IX. The relative, guardian, or other person inter- 
ested in an individual of the class herein defined as mental in- 
feriors or deficients, or feeble-minded, desiring to commit such 
person to The Home may, if the person be under the age of 
twenty-one years, apply to the Judge of the Juvenile Court, or 
where no Juvenile Court exists, to the Probate Judge of the 
County of such person’s residence, and if over the age of twenty- 
one years to the Probate Judge of the County of such person’s 
residence, for the commitment of such person to the Alabama 
Home; and upon such application such Judge to whom the ap- 
plication is made shall at once apply to the Superintendent, with 
description on a form prescribed by the Board of Managers of 
The Home, and upon being advised by the Superintendent that 
such applicant can be received, if a proper person, such Judge 
shall examine three persons one of whom must be a practicing 
physician, who are acquainted with the person sought to be com- 
mitted, and with the condition of such person, and such Judge 
if he is satisfied that the- person is within the class herein de- 
fined as mental inferiors or deficients, or feeble-minded, and is 
otherwise eligible to admission into The Home, shall make an 
order on a form prescribed by the board, committing such per- 
son to The Home and arrange to have such person taken to The 
Home, at the expense of the County if necessary. The Judge of 
the Juvenile Court and the Judge of Probate to whom an appli- 
cation of commitment is made shall have full jurisdiction of 
the application and the person on whose behalf the application 
is made, and shall have the power and authority to commit such 
person to The Home notwithstanding the family or relatives 
may object thereto; and when he has made an order of commit- 
ment and no member of the family or friend or guardian will 
convey the person so committed to The Home his order of com- 
mitment shall be delivered to the Sheriff of the County who 
shall at once convey such person to The Home and deliver him 
(or her) to the authorities of The Home, and shall in all things 
obey said order of commitment. . 

Section X. At the same time that the Judge investigates 
the mental defectiveness of the person, he shall also examine 
witnesses under oath as to the financial standing of the mental 


45 


inferior and if the mental inferior has not sufficient means to 
pay for support in The Home for mental inferiors the Judge 
shall so state in the certificate and the expenses of the mental 
inferior shall be paid by the State in the manner provided by 
law. If however, it appear that the mental inferior has in his 
or her own name the means, or, if a minor, that the guardian or 
parents have the means, or if the relatives or friends agree to 
provide the means of support in The Home, the committing 
Judge shall state in the certificate that the mental inferior will 
be a paying patient and the Judge shall contract with respon- 
sible parties for the payment, monthly in advance, of the same 
amount per week as the State provides for indigent inmates, and 
to that effect the Judge shall cause a bond with sufficient surety 
to be made, which bond shall be approved by the Judge. One 
copy of the bond shall be filed in the office of the committing 
Judge and another sent with the inmate to the Superintendent 
of The Home and shall read substantially as follows: Know all 
men by these presents that We... A Ge cee. eps. t 
POR TOMEOLIN iy nO Loe eines) eteee! oo hie ay, in the State of Alabama 
are jointly held and bound unto the Board of Managers of the 
Alabama Home for Mental Inferiors in the penal sum of $300.00 
for the payment of which we hereunto bind ourselves jointly 
and severally. Sealed with our seals and dated this................. day 
eee the oe Le LO Aarne . The conditions of the above obligation 
are as follows: Whereas A. B. of the County of... 

in the State of Alabama, is about to be admitted as a paying 
inmate into The Alabama Home for Mental Inferiors, at Tusca- 
loosa, Alabama, now if while he or she shall remain therein the 
undersigned shall constantly supply him or her with suitable 
clothing and pay all charges of said Home against said inmate 
monthly in advance; and whenever his or her removal be re- 
quired, immediately remove the inmate; and if the inmate shall 
escape from The Home, pay all reasonable charges incurred in 
returning him or her; and if the inmate die therein, pay all 
reasonable expenses incurred for the funeral and in case of fail- 
ure to perform promptly any of the above conditions, pay all 
expenses that accrue to The Home by litigation, collector’ Ss fees, 
or otherwise, then this obligation shall be void, otherwise it shall 
remain in full force. Witness our hands and seals THISE Re ree 
Ga ie od yes su (Hie); (Seale (G: G.) (Seal). 

I hereby certify that in my opinion the obligators in the above 
bond have executed the same in good faith and that the amount 
of the penalty specified therein, can be recovered from them 
by process of law. In witness I have hereto set my hand 
EAT yf Set. See eee Wishlss a areas CLA Yeheres reese, Porn sh (A. B.) 
Shi ie sre) (0) STS Court: of!..:.2c County, State of Ala- 


46 


bama. Pay inmates and indigent inmates shall receive the same 
care and attention, and no discrimination shall be made in the 
treatment of either class. 

Section XI. The Judge of the Court having jurisdiction to 
admit inmates to The Home for Mental Inferiors in each County 
of the State, from time to time, at his own instance, and any 
time his attention may be called to it by the Superintendent of 
The Home for Mental Inferiors, or other person, shall investi- 
gate the financial standing of any indigent inmate in The Home 
from his County and if he shall find him or her able to pay for 
support in The Home, under penalty of the Superintendent’s re- 
turning said inmate at the county’s expense to his or her home, 
or friends, he shall contract with responsible parties under the 
forms specified in Section 10 hereof for the support of the 
inmate. 

Section XII. The committing Judge shall be required to 
furnish such data relative to family and personal history of the 
person being committed as shall be prescribed by the Board of 
Managers in such form or forms as may be furnished him by 
The Home, and the Superintendent may decline to admit an ap- 
plicant for whom the history has not been satisfactorily fur- 
nished along with the commitment paper. The history is neces- 
sary to secure for the patient and the community the best serv- 
ice of The Home. It is best furnished by the family physician 
or a near relative well acquainted with the facts in the case, 
but it shall be the duty of the committing Judge to have the his- 
tory sent with the commitment paper and the patient. 

Section XIII. The assistant with the advice and consent of 
the Superintendent shall prescribe for the treatment of the in- 
mates of the home, and if after consultation with the Superin- 
tendent, they deem it advisable they are hereby authorized and 
empowered to sterilize any inmate. 

Section XIV. If in the opinion of the Superintendent it is 
deemed proper to parole any inmate of The Home, the Superin- 
tendent may grant a parole to such inmates for any length of 
time deemed advisable and such parole may be revoked at any 
time by the Superintendent when, in his judgment, the condition 
of such inmate shall render such revocation advisable. No 
parole shall be issued to any inmate of The Home unless the 
Superintendent is satisfied that such inmate will be properly 
cared for in a family having means to do so and wherein such 
inmate will find a proper moral and congenial atmosphere. The 
Superintendent may require the person applying for a parole 
of an inmate to sign a written obligation with sureties to prop- 
erly care for and support such inmate while on parole, and to 
return said inmate to The Home at his own expense in the event 
the parole is revoked. The Superintendent must not grant a 


AT 


parole to any inmate unless he is of the opinion that it will not 
be detrimental to such inmate or to society, and the Superin- 
tendent must recall said parole whenever he is satisfied that the 
welfare of such paroled inmate, or of the community to which 
said inmate is paroled requires it. If in the opinion of the 
Superintendent any inmate of The Home is not a mental de- 
ficient or inferior as defined in this Act, he (or she) may be 
permanently discharged by the Superintendent. 

Section XV. The building of The Home at Tuscaloosa, Ala- 
bama, shall be located by the Superintendent of the Alabama 
Insane Hospitals by and with the consent and approval of the 
Board of Managers, on the most eligible site on the land around 
the Bryce Hospital and as far away from the Hospital building 
as may be practicable. And the Board of Managers is hereby 
authorized and empowered to purchase in the name of the State 
of Alabama any additional land lying near the land of the Bryce 
Hospitals as may be found necessary for the proper location and 
conduct of The Home. 

Section XVI. The Board of Managers of The Home shall 
constitute a building committee with power to employ a com- 
petent architect to prepare plans and specifications for the 
buildings necessary for The Home, and to call for bids for the 
erection of said buildings, to let the contract for such buildings 
or to employ a qualified contractor to superintend the erec- 
tion and construction of such buildings under their supervision 
and control. 

Section XVII. The buildings for The Home shall be located, 
built, and equipped so as to facilitate the proper classification 
of residents according to age, sex, color and grade of deficiency 
or inferiority; their employment and training in farming and 
gardening, mechanics or other useful industries or occupations 
and to make provisions for schools, church worship, amusement, 
and diversion that may be conducive to the health, happiness 
and moral and mental improvement of the inmates. 

Section XVIII. The Board of Managers may designate any 
incorporated bank in Tuscaloosa, as the depository of its funds 
and may contract with such bank to perform all duties of Treas- 
urer and to pay interest on the daily cagh balance to the credit 
of The Home as the Board of Managers may determine; or the 
Board of Managers may elect a treasurer, fix the amount of his 
compensation, designate the amount of bond required of him, 
pay for its making and designate the bank in which the funds 
shall be deposited. 

Section XIX. Pending the construction of The Home the 
meetings of the Board of Managers shall be held at the Bryce 
Hospital in Tuscaloosa and as many meetings may be held as is 
found necessary. After The Home has been constructed and 


48 


occupied, the meetings of the Board of Managers shall be held 
at The Home as often as may be found necessary but the board 
shall always meet on the day that the trustees of the Alabama 
Insane Hospitals meet. 

Section XX. The members of the Board of Managers shall 
be allowed no compensation for their time and service in at- 
tending meetings, but shall be reimbursed from the funds of 
The Home for all necessary exyenses incurred in attending the 
meetings for which The Home must file receipt in each instance 
as a voucher. 

Section XX14. The Steward of the Alabama Bryce Insane 
Hospital shall be the Steward of The Alabama Home with all 
the powers and duties in reference to The Home as he has to 
the Hospital. 

Section XXI. All laws and parts of laws in conflict with 
the provisions of this Act shall be and they are hereby repealed. 

Section XXII. If any part or section of this Act should be 
declared unconstitutional such declaration shall invalidate no 
other parts or sections of this Act. 

Section XXIII. This Act shall become effective on and after 
its passage. 

Approved Sept. 29, 1923. 


THE LIBRARY QF THE 
JUL 28 1933 
UNIVERSITY OF. ILLINOIS 


AN 


